My Color by Design

Terms of Use

Acceptance of Terms of Use

By using, visiting, or browsing any web site or portal published by Color
by Design, any of its affiliates or subsidiaries
(collectively, "Color by Design") (collectively, the "Web Site(s)") you
accept, without limitation or qualification, these Terms of Use and agree,
without limitation, to the terms of our
Privacy Policy.
If you do not agree to these Terms of Use and our Privacy Policy, please do
not use our services or visit our Web Sites. Acceptance of these Terms of
Use constitutes a legal agreement between you and Color by Design.

Changes to Terms of Use

Color by Design may at any time revise these Terms of Use and/or our
Privacy Policy. You are bound by any such revisions and should therefore
periodically visit this page to determine the then current Terms of Use,
Privacy Policy and conditions to which you are bound. Your use of the Web
Sites after changes are made means you agree to be bound by the Terms of Use
and Privacy Policy of the Web Site you visit as such Terms of Use and
Privacy Policy exist at that time.

Limitations of Use

You must be 18 years of age or older to access our Web Sites or use our
services. By accessing our Web Sites, you agree not to upload, post, e-mail
or otherwise send or transmit any material that contains software viruses or
any other computer code, files or programs designed to interrupt, destroy or
limit the functionality of any computer software or hardware or
telecommunications equipment associated with the Web Sites. You also agree
not to interfere with the servers or networks connected to the Web Sites or
to violate any of the procedures, policies or regulations of networks
connected to the Web Sites, the terms of which are incorporated herein. You
also agree not to (i) impersonate any other person while using the Web
Sites, (ii) conduct yourself in an inappropriate, offensive, indecent, or
vulgar manner while using our service or Web Sites, or (iii) use the Web
Sites for any unlawful purpose. You further agree to only submit content to
the Web Sites that is in compliance with all applicable laws, rules and
regulations and is (a) owned by you, (b) submitted with the express
permission of the owner or within the scope of the license to such content,
or (c) in the public domain. Color by Design reserves the right to
terminate your access to the Web Sites or any of its services if it
determines that you do not comply with these terms and conditions; provide
false, inaccurate, or incomplete information during our registration
process; engage in any conduct that would otherwise harm any of
Color by Design's rights or interests in its Web Sites, services, or other
property; or for any or no reason whatsoever without prior notice to you.

Monitoring and Management of
Content of Web Sites

Color by Design shall have the right, but not the obligation, to monitor
the content of the Web Sites to determine compliance with these Terms of Use
and any other operating rules established by Color by Design, as well as to
determine compliance with applicable laws, including but not limited to,
copyright laws. Color by Design shall have the right in its sole discretion
to edit, refuse to post, block access to, or remove any material submitted
to or posted on the Web Sites that Color by Design finds to be in violation
of these Terms of Use or that Color by Design believes may violate laws or
the rights of others, including, without limitation, laws against copyright
infringement, and rights of privacy and publicity.

Links

Some of the hyperlinks on the Web Sites may lead to third-party web
sites. These web sites are not controlled by, or affiliated with,
Color by Design. In addition, other web sites may link to our Web Sites.
Color by Design is not responsible for the content or privacy policies of
these third-party web sites.

Intellectual Property

The elements of the Web Sites, including, but not limited to, text,
graphics, logos, depictions, designs, photographs, images, digital
downloads, data compilations, sound, video, and software are protected by
United States and international copyright, trademark, and trade dress laws
and are the property of Color by Design or its affiliates. The compilation
of the content on the Web Sites is the exclusive property of
Color by Design.

Copyrights

The copyright in all materials provided on the Web Sites is owned by
Color by Design or its affiliate(s). Except as stated herein, none of the
material contained in the Web Sites may be copied, reproduced, distributed,
republished, downloaded, displayed, posted or transmitted in any form or by
any means including, but not limited to, electronic, mechanical,
photocopying, recording or otherwise, without the prior written consent of
Color by Design. Permission is hereby granted to view, copy, print and
download the materials on the Web Sites for personal, noncommercial use only
provided such materials are used for informational purposes only, and all
copies, or portions thereof, include this copyright notice. Color by Design
may revoke any of the foregoing rights at any time. You may not, without
Color by Design's prior written consent, "mirror" any material contained on
the Web Sites on any other server. Upon termination of any rights extended
hereunder, you must immediately destroy any downloaded and printed materials
obtained from any Web Site. Any unauthorized use of any material contained
on the Web Sites may violate copyright laws, trademark laws, the laws of
privacy and publicity, and communications regulations and statutes.

Trademarks

The trademarks, service marks and logos ("Trademarks") used and displayed
on the Web Sites are registered or unregistered Trademarks of
Color by Design. Nothing on the Web Sites shall be construed as granting,
by implication, estoppel or otherwise any license or right to use any
Trademark displayed on the Web Sites without the prior written consent of
the Trademark owner. The name of Color by Design or any Trademark may not
be used in any way including in any advertising or publicity pertaining to
distribution of materials on the Web Sites without the prior written consent
of Color by Design. Color by Design prohibits the use of any
Color by Design logo and Trademark as a "hot" link to any web site unless
establishment of such link is approved in advance by Color by Design in
writing.

Use of Information and
Materials Submitted to the Web Sites

Color by Design is free to use any photos, drawings, text, comments,
suggestions, information, ideas, concepts, reviews, techniques and/or any
other content or information (collectively and severally, "Materials")
submitted by you to Color by Design and/or contained in any communication
you may send to Color by Design (through the Web Sites or otherwise)
without further compensation, acknowledgement or payment to you, for any
purpose whatsoever including, but not limited to, developing, manufacturing
and marketing products and creating, modifying or improving the Web Site or
other Web Sites. Any Materials that are submitted shall become, and remain,
the property of Color by Design. You hereby assign all right, title and
interest in such Materials to Color by Design. Without limiting the
foregoing, Color by Design may use, reproduce, edit, display, transmit,
prepare derivative works of, modify, publish, and otherwise make use of
Materials in any and all media, whether now known or hereinafter created,
throughout the world and for any purpose, without compensation to you of any
kind. In the event that any such Materials cannot be so assigned to
Color by Design, you hereby grant Color by Design an irrevocable,
world-wide, fully-paid, royalty-free license to use the Materials as
otherwise described in these Terms of Use and for any other purpose. Color
by Design is not responsible for the confidentiality of any
information communicated to our Web Sites. By communicating material to our
Web Sites, you agree that Color by Design has the right to publish the
material for any purpose, including, but not limited to, advertising and
promotional purposes. You acknowledge and agree that Color by Design shall
have no obligation to post, display, or otherwise make publicly available
any Materials submitted by you. Any information submitted on the Web Sites
is subject to the Color by Design
Privacy Policy, the terms of which are incorporated herein.

You acknowledge and agree that Materials submitted by you may be made
available by Color by Design for viewing, rating, reviewing, and commenting
by the public. You acknowledge that comments or ratings that you disagree
with or are unhappy about may be published or otherwise become associated
with Materials that you submit to Color by Design. By submitting Materials
to Color by Design, you waive any privacy expectations that you may have
with respect to the Materials and agree that Color by Design is not
responsible or liable for any viewing, rating, reviewing, and commenting by
the public with respect to any Materials.

By submitting Materials to Color by Design, you represent and warrant
that the Materials comply with all applicable laws, rules and regulations
and do not infringe any copyright, trademark, property rights, rights of
privacy or publicity of any person, or any other right (including without
limitation intellectual property and proprietary rights) of any third party
and that you have the full and unrestricted right to transfer the Materials
to Color by Design, free and clear of any claims or encumbrances. You agree
to hold Color by Design and its officers, directors, employees, agents,
successors, and assigns harmless from and against—and hereby waive any right
to pursue—any claims of any nature arising in connection with any breach of
the foregoing representation and warranty and/or Color by Design’ use of
the Materials submitted to Color by Design and used in any manner in Color
by Design’s sole and absolute discretion.

DISCLAIMER OF WARRANTY

THE CONTENT (IN WHATEVER FORM OR MEDIA) CONTAINED ON THE WEB SITES IS
PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.
WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE
CONTENT OF THE WEB SITES; ANY FAILURES, DELAYS, OR INTERRUPTIONS IN THE
DELIVERY OF ANY CONTENT CONTAINED ON THE WEB SITES; ANY LOSSES OR DAMAGES
ARISING FROM THE USE OF THE CONTENT PROVIDED ON THE WEB SITES; OR ANY
CONDUCT BY USERS OF THE WEB SITES. TO THE FULLEST EXTENT POSSIBLE PURSUANT
TO APPLICABLE LAW, COLOR BY DESIGN DISCLAIMS ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER
VIOLATIONS OF RIGHTS.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL
COLOR BY DESIGN, ITS OFFICERS, DIRECTORS, OR EMPLOYEES BE LIABLE (JOINTLY
OR SEVERALLY) FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF
USE, DATA, OR PROFIT, ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN
CONNECTION WITH THE USE OR THE INABILITY TO USE THE MATERIALS ON THE WEB
SITES, EVEN IF COLOR BY DESIGN OR A COLOR BY DESIGN REPRESENTATIVE HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE
ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF ANY APPLICABLE
AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN
LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Indemnity

You agree to indemnify, defend and hold harmless Color by Design, its
officers, directors, employees, and agents, from and against any claims,
actions, or demands, including, but not limited to, reasonable legal and
accounting fees, alleging or resulting from your use of the Web Sites or
your breach of these Terms of Use. Color by Design shall provide notice to
you promptly of any such claim, suit, or proceeding and may, at
Color by Design’s discretion, assist you, at your expense, in defending any
such claim, suit, or proceeding.